HB5459 EngrossedLRB100 20006 SMS 35287 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by changing Sections 31 and 33.1 and by adding Section 3.31 as
6follows:
 
7    (230 ILCS 5/3.31 new)
8    Sec. 3.31. Illinois conceived and foaled. Notwithstanding
9any provision of this Act to the contrary, from January 1, 2018
10until January 1, 2022, "Illinois conceived and foaled", as the
11term applies to a standardbred, includes a standardbred horse
12whose sire is a qualified Illinois stallion.
 
13    (230 ILCS 5/31)  (from Ch. 8, par. 37-31)
14    Sec. 31. (a) The General Assembly declares that it is the
15policy of this State to encourage the breeding of standardbred
16horses in this State and the ownership of such horses by
17residents of this State in order to provide for: sufficient
18numbers of high quality standardbred horses to participate in
19harness racing meetings in this State, and to establish and
20preserve the agricultural and commercial benefits of such
21breeding and racing industries to the State of Illinois. It is
22the intent of the General Assembly to further this policy by

 

 

HB5459 Engrossed- 2 -LRB100 20006 SMS 35287 b

1the provisions of this Section of this Act.
2    (b) Each organization licensee conducting a harness racing
3meeting pursuant to this Act shall provide for at least two
4races each race program limited to Illinois conceived and
5foaled horses. A minimum of 6 races shall be conducted each
6week limited to Illinois conceived and foaled horses. No horses
7shall be permitted to start in such races unless duly
8registered under the rules of the Department of Agriculture.
9    (c) Conditions of races under subsection (b) shall be
10commensurate with past performance, quality and class of
11Illinois conceived and foaled horses available. If, however,
12sufficient competition cannot be had among horses of that class
13on any day, the races may, with consent of the Board, be
14eliminated for that day and substitute races provided.
15    (d) There is hereby created a special fund of the State
16Treasury to be known as the Illinois Standardbred Breeders
17Fund.
18    During the calendar year 1981, and each year thereafter,
19except as provided in subsection (g) of Section 27 of this Act,
20eight and one-half per cent of all the monies received by the
21State as privilege taxes on harness racing meetings shall be
22paid into the Illinois Standardbred Breeders Fund.
23    (e) The Illinois Standardbred Breeders Fund shall be
24administered by the Department of Agriculture with the
25assistance and advice of the Advisory Board created in
26subsection (f) of this Section.

 

 

HB5459 Engrossed- 3 -LRB100 20006 SMS 35287 b

1    (f) The Illinois Standardbred Breeders Fund Advisory Board
2is hereby created. The Advisory Board shall consist of the
3Director of the Department of Agriculture, who shall serve as
4Chairman; the Superintendent of the Illinois State Fair; a
5member of the Illinois Racing Board, designated by it; a
6representative of the largest association of Illinois
7standardbred owners and breeders, recommended by it; a
8representative of a statewide association representing
9agricultural fairs in Illinois, recommended by it, such
10representative to be from a fair at which Illinois conceived
11and foaled racing is conducted; a representative of the
12organization licensees conducting harness racing meetings,
13recommended by them; a representative of the Breeder's
14Committee of the association representing the largest number of
15standardbred owners, breeders, trainers, caretakers, and
16drivers, recommended by it; and a representative of the
17association representing the largest number of standardbred
18owners, breeders, trainers, caretakers, and drivers,
19recommended by it. Advisory Board members shall serve for 2
20years commencing January 1 of each odd numbered year. If
21representatives of the largest association of Illinois
22standardbred owners and breeders, a statewide association of
23agricultural fairs in Illinois, the association representing
24the largest number of standardbred owners, breeders, trainers,
25caretakers, and drivers, a member of the Breeder's Committee of
26the association representing the largest number of

 

 

HB5459 Engrossed- 4 -LRB100 20006 SMS 35287 b

1standardbred owners, breeders, trainers, caretakers, and
2drivers, and the organization licensees conducting harness
3racing meetings have not been recommended by January 1 of each
4odd numbered year, the Director of the Department of
5Agriculture shall make an appointment for the organization
6failing to so recommend a member of the Advisory Board.
7Advisory Board members shall receive no compensation for their
8services as members but shall be reimbursed for all actual and
9necessary expenses and disbursements incurred in the execution
10of their official duties.
11    (g) No monies shall be expended from the Illinois
12Standardbred Breeders Fund except as appropriated by the
13General Assembly. Monies appropriated from the Illinois
14Standardbred Breeders Fund shall be expended by the Department
15of Agriculture, with the assistance and advice of the Illinois
16Standardbred Breeders Fund Advisory Board for the following
17purposes only:
18        1. To provide purses for races limited to Illinois
19    conceived and foaled horses at the State Fair.
20        2. To provide purses for races limited to Illinois
21    conceived and foaled horses at county fairs.
22        3. To provide purse supplements for races limited to
23    Illinois conceived and foaled horses conducted by
24    associations conducting harness racing meetings.
25        4. No less than 75% of all monies in the Illinois
26    Standardbred Breeders Fund shall be expended for purses in

 

 

HB5459 Engrossed- 5 -LRB100 20006 SMS 35287 b

1    1, 2 and 3 as shown above.
2        5. In the discretion of the Department of Agriculture
3    to provide awards to harness breeders of Illinois conceived
4    and foaled horses which win races conducted by organization
5    licensees conducting harness racing meetings. A breeder is
6    the owner of a mare at the time of conception. No more than
7    10% of all monies appropriated from the Illinois
8    Standardbred Breeders Fund shall be expended for such
9    harness breeders awards. No more than 25% of the amount
10    expended for harness breeders awards shall be expended for
11    expenses incurred in the administration of such harness
12    breeders awards.
13        6. To pay for the improvement of racing facilities
14    located at the State Fair and County fairs.
15        7. To pay the expenses incurred in the administration
16    of the Illinois Standardbred Breeders Fund.
17        8. To promote the sport of harness racing.
18    (h) Whenever the Governor finds that the amount in the
19Illinois Standardbred Breeders Fund is more than the total of
20the outstanding appropriations from such fund, the Governor
21shall notify the State Comptroller and the State Treasurer of
22such fact. The Comptroller and the State Treasurer, upon
23receipt of such notification, shall transfer such excess amount
24from the Illinois Standardbred Breeders Fund to the General
25Revenue Fund.
26    (i) A sum equal to 12 1/2% of the first prize money of

 

 

HB5459 Engrossed- 6 -LRB100 20006 SMS 35287 b

1every purse won by an Illinois conceived and foaled horse shall
2be paid by the organization licensee conducting the horse race
3meeting to the breeder of such winning horse from the
4organization licensee's share of the money wagered. Such
5payment shall not reduce any award to the owner of the horse or
6reduce the taxes payable under this Act. Such payment shall be
7delivered by the organization licensee at the end of each race
8meeting.
9    (j) The Department of Agriculture shall, by rule, with the
10assistance and advice of the Illinois Standardbred Breeders
11Fund Advisory Board:
12        1. Qualify stallions for Illinois Standardbred
13    Breeders Fund breeding; such stallion shall be owned by a
14    resident of the State of Illinois or by an Illinois
15    corporation all of whose shareholders, directors, officers
16    and incorporators are residents of the State of Illinois.
17    Such stallion shall stand for service at and within the
18    State of Illinois at the time of a foal's conception, and
19    such stallion must not stand for service at any place, nor
20    may semen from such stallion be transported, outside the
21    State of Illinois during that calendar year in which the
22    foal is conceived and that the owner of the stallion was
23    for the 12 months prior, a resident of Illinois. However,
24    from January 1, 2018 until January 1, 2022, semen from an
25    Illinois stallion may be transported outside the State of
26    Illinois. The articles of agreement of any partnership,

 

 

HB5459 Engrossed- 7 -LRB100 20006 SMS 35287 b

1    joint venture, limited partnership, syndicate, association
2    or corporation and any bylaws and stock certificates must
3    contain a restriction that provides that the ownership or
4    transfer of interest by any one of the persons a party to
5    the agreement can only be made to a person who qualifies as
6    an Illinois resident.
7        2. Provide for the registration of Illinois conceived
8    and foaled horses and no such horse shall compete in the
9    races limited to Illinois conceived and foaled horses
10    unless registered with the Department of Agriculture. The
11    Department of Agriculture may prescribe such forms as may
12    be necessary to determine the eligibility of such horses.
13    No person shall knowingly prepare or cause preparation of
14    an application for registration of such foals containing
15    false information. A mare (dam) must be in the State state
16    at least 30 days prior to foaling or remain in the State at
17    least 30 days at the time of foaling. However, the
18    requirement that a mare (dam) must be in the State at least
19    30 days before foaling or remain in the State at least 30
20    days at the time of foaling shall not be in effect from
21    January 1, 2018 until January 1, 2022. Beginning with the
22    1996 breeding season and for foals of 1997 and thereafter,
23    a foal conceived by transported fresh semen may be eligible
24    for Illinois conceived and foaled registration provided
25    all breeding and foaling requirements are met. The stallion
26    must be qualified for Illinois Standardbred Breeders Fund

 

 

HB5459 Engrossed- 8 -LRB100 20006 SMS 35287 b

1    breeding at the time of conception and the mare must be
2    inseminated within the State of Illinois. The foal must be
3    dropped in Illinois and properly registered with the
4    Department of Agriculture in accordance with this Act.
5    However, from January 1, 2018 until January 1, 2022, the
6    requirement for a mare to be inseminated within the State
7    of Illinois and the requirement for a foal to be dropped in
8    Illinois are inapplicable.
9        3. Provide that at least a 5 day racing program shall
10    be conducted at the State Fair each year, which program
11    shall include at least the following races limited to
12    Illinois conceived and foaled horses: (a) a two year old
13    Trot and Pace, and Filly Division of each; (b) a three year
14    old Trot and Pace, and Filly Division of each; (c) an aged
15    Trot and Pace, and Mare Division of each.
16        4. Provide for the payment of nominating, sustaining
17    and starting fees for races promoting the sport of harness
18    racing and for the races to be conducted at the State Fair
19    as provided in subsection (j) 3 of this Section provided
20    that the nominating, sustaining and starting payment
21    required from an entrant shall not exceed 2% of the purse
22    of such race. All nominating, sustaining and starting
23    payments shall be held for the benefit of entrants and
24    shall be paid out as part of the respective purses for such
25    races. Nominating, sustaining and starting fees shall be
26    held in trust accounts for the purposes as set forth in

 

 

HB5459 Engrossed- 9 -LRB100 20006 SMS 35287 b

1    this Act and in accordance with Section 205-15 of the
2    Department of Agriculture Law (20 ILCS 205/205-15).
3        5. Provide for the registration with the Department of
4    Agriculture of Colt Associations or county fairs desiring
5    to sponsor races at county fairs.
6    (k) The Department of Agriculture, with the advice and
7assistance of the Illinois Standardbred Breeders Fund Advisory
8Board, may allocate monies for purse supplements for such
9races. In determining whether to allocate money and the amount,
10the Department of Agriculture shall consider factors,
11including but not limited to, the amount of money appropriated
12for the Illinois Standardbred Breeders Fund program, the number
13of races that may occur, and an organizational licensee's purse
14structure. The organizational licensee shall notify the
15Department of Agriculture of the conditions and minimum purses
16for races limited to Illinois conceived and foaled horses to be
17conducted by each organizational licensee conducting a harness
18racing meeting for which purse supplements have been
19negotiated.
20    (l) All races held at county fairs and the State Fair which
21receive funds from the Illinois Standardbred Breeders Fund
22shall be conducted in accordance with the rules of the United
23States Trotting Association unless otherwise modified by the
24Department of Agriculture.
25    (m) At all standardbred race meetings held or conducted
26under authority of a license granted by the Board, and at all

 

 

HB5459 Engrossed- 10 -LRB100 20006 SMS 35287 b

1standardbred races held at county fairs which are approved by
2the Department of Agriculture or at the Illinois or DuQuoin
3State Fairs, no one shall jog, train, warm up or drive a
4standardbred horse unless he or she is wearing a protective
5safety helmet, with the chin strap fastened and in place, which
6meets the standards and requirements as set forth in the 1984
7Standard for Protective Headgear for Use in Harness Racing and
8Other Equestrian Sports published by the Snell Memorial
9Foundation, or any standards and requirements for headgear the
10Illinois Racing Board may approve. Any other standards and
11requirements so approved by the Board shall equal or exceed
12those published by the Snell Memorial Foundation. Any
13equestrian helmet bearing the Snell label shall be deemed to
14have met those standards and requirements.
15(Source: P.A. 99-756, eff. 8-12-16.)
 
16    (230 ILCS 5/33.1)  (from Ch. 8, par. 37-33.1)
17    Sec. 33.1. (a) The Department of Agriculture shall be
18responsible for investigating and determining the eligibility
19of mares and Illinois conceived and foaled horses and Illinois
20foaled horses to participate in Illinois conceived and foaled
21and Illinois foaled races. The Department of Agriculture shall
22also qualify stallions to participate in the Illinois
23Standardbred and Thoroughbred programs.
24    (b) The Director of the Department of Agriculture or his
25authorized agent is authorized to conduct hearings, administer

 

 

HB5459 Engrossed- 11 -LRB100 20006 SMS 35287 b

1oaths, and issue subpoenas to carry out his responsibilities
2concerning the Illinois Standardbred and Thoroughbred programs
3as set forth in Sections 30 and 31.
4    (c) The Director of the Department of Agriculture or his
5authorized agent shall, after a hearing, affirm or deny the
6qualification of a stallion for the Illinois Standardbred or
7Thoroughbred program. The decision of the Director of the
8Department of Agriculture or his authorized agent shall be
9subject to judicial review under the Administrative Review Law.
10The term "administrative decision" shall have the meaning
11ascribed to it in Section 3-101 of the Administrative Review
12Law.
13    (d) If the determination is made that a standardbred
14stallion is not owned by a resident of the State of Illinois or
15that a transfer of ownership is a subterfuge to qualify a
16standardbred stallion under the Act, or that a standardbred
17stallion owner, manager, or person associated with him or her
18has knowingly participated in the arrangements for
19transporting semen from a standardbred stallion registered
20under this Act out-of-state, the Director of the Department of
21Agriculture or his authorized agent shall immediately publish
22notice of such fact in publications devoted to news concerning
23standardbred horses, announcing the disqualification of such
24stallion or his foals. From January 1, 2018 until January 1,
252022, the Director of Agriculture or his or her authorized
26agent shall not publish notice announcing the disqualification

 

 

HB5459 Engrossed- 12 -LRB100 20006 SMS 35287 b

1of such stallion or his foals on the basis that a stallion
2owner, manager, or person associated with him or her has
3knowingly participated in the arrangements for transporting
4semen from a standardbred stallion registered under this Act
5out of State. If any person owning any stallion, mare or foal
6is found by the Director of the Department of Agriculture or
7his authorized agent to have willfully violated any provision
8of this Act or to have made any false statements concerning
9such person's stallion, mare or foal, then no animal owned by
10such person is eligible to participate in any events conducted
11pursuant to Sections 30 and 31.
12    (e) Any person who is served with a subpoena, issued by the
13Director of the Department of Agriculture or his authorized
14agent, to appear and testify or to produce documents and who
15refuses or neglects to testify or produce documents relevant to
16the investigation, as directed in the subpoenas, may be
17punished as provided in this Section.
18    (f) Any circuit court of this State, upon petition by the
19Director of the Department of Agriculture or his authorized
20agent, may compel the attendance of witnesses, the production
21of documents and giving the testimony required by this Section
22in the same manner as the production of evidence may be
23compelled in any other judicial proceeding before such court.
24Any person who willfully swears or affirms falsely in any
25proceeding conducted pursuant to this Section is guilty of
26perjury.

 

 

HB5459 Engrossed- 13 -LRB100 20006 SMS 35287 b

1    (g) The fees of witnesses for attendance and travel in the
2course of any investigation shall be the same as the fees of
3witnesses before the circuit courts of this State.
4    (h) The Department shall have authority to promulgate rules
5and regulations for the enforcement of Sections 30, 31 and 33.1
6of this Act. Conditions and purses shall not be subject to
7Section 5-40 of the Illinois Administrative Procedure Act but
8shall be set and published from time to time.
9(Source: P.A. 88-45; 89-16, eff. 5-30-95.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.